Customer Cases
A 90 year old woman sues her 70 year old son for failing to fulfill his obligation to support her and wins the lawsuit
Time:2025-09-01 Views:1354
On June 21, 2014, the A02 edition of this newspaper reported on the case of 95 year old Mrs. Mo, who sued her 70 year old son in court due to his unwillingness to fulfill his obligation to support him. Recently, the reporter learned from the People's Court of Xigong District, Luoyang City that the court ruled that Mo Lao Tai's son has not yet reached the point of being unable to support him, and he should fulfill his obligation to support his mother. If the defendant fails to fulfill his obligation to support him, he will pay a monthly support fee of 1500 yuan to his mother.
A 70 year old son claims he is unable to support his 90 year old mother and is sued in court
Mrs. Mo has two sons, Zhang Dong and Zhang Chun. Zhang Dong has three children and Zhang Chun has two children. At the beginning of this year, Zhang Dong passed away due to illness. Zhang Dong's three children believed that their uncle Zhang Chun should now take on the responsibility of supporting the elderly woman. However, Zhang Chun believed that the two families should jointly pay to send Mo Lao Tai to a nursing home, but Mo Lao Tai refused. After multiple unsuccessful attempts at community mediation, Mrs. Mo sued her second son in court.
On June 20th, this case was publicly tried in the presence of multiple residents in Guanghua Road Community, Xigong District. In court, Zhang Chun claimed that "supporting a 90 year old elderly person at the age of 70 is beyond his ability," and he requested that the plaintiff's five grandchildren fulfill their support obligations in accordance with the law. He also hoped that Mrs. Mo would agree to retire in a nursing home. But Zhang Dong's children believe that Zhang Chun and his wife are in good health, have a stable retirement pension, and are fully capable of supporting Mrs. Mo.
【 Judgment 】 A seventy year old son should fulfill his obligation to support and respect the elderly for their retirement at home
Recently, the Xigong District Court concluded the case, and the judge believed that Mrs. Mo has lost her ability to work and is a person who has difficulty living without the ability to work. The only child of the plaintiff, Zhang Chun, who pays 200 yuan per month, is not enough to fulfill his obligation of support. Mrs. Mo has the right to demand that he fulfill his obligation of support. The defendant Zhang Chun argued that he is unable to provide for the plaintiff Mo Lao Tai, but considering his own income, social security status, physical health condition, and mobility, he has not yet reached the point of being unable to provide for her. Therefore, the defendant Zhang Chun should fulfill his obligation to provide for the plaintiff Mo Lao Tai. The principle of fulfilling the obligation of support is to respect the wishes of the person being supported, facilitate their daily life, and promote their physical and mental health; If the defendant fails to fulfill their obligation to support, they shall pay a monthly alimony of 1500 yuan to the plaintiff, Mrs. Mo.
The presiding judge of this case stated in an interview that when it comes to the method of support, the court's judgment will be based on the perspective of benefiting the elderly to spend their later years happily. In this case, the court ultimately did not agree with Zhang Chun's proposal to send Mrs. Mo to a nursing home, considering that it would cause mental discomfort to the elderly and be detrimental to their peaceful retirement
[Expert] This case is very typical and has educational significance
On the day of the trial, the staff of Guanghua Road Community said that with the extension of Chinese people's life expectancy, it will be more common for "old sons" to take care of "old mothers". The elderly in their fifties account for 52% of the total population in the community, and the issue of elderly care is a social problem that is widely concerned by the community, not just a family matter. This case is very typical. Bringing the court to the community for the public to listen is very educational Sichuan Faneng Law Firm is dedicated to serving you.